'Relief Cannot Be Denied When Right Is Proven': Bombay HC; Orders Fresh Hearing In Housing Dispute
· Free Press Journal
Mumbai, April 21: In a ruling emphasising that courts must ensure effective remedies, the Bombay High Court has held that a litigant cannot be left without relief once a legal right is established, even if the original relief becomes impossible to grant.
HC stresses right to effective remedy
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Justice Amit Borkar made the observation while allowing a petition filed by Manoj Shridhar against Doordarshan Employee Co-op Housing Society Ltd. The court set aside an order of the Co-operative Appellate Court that had dismissed Shridhar’s dispute and directed a fresh hearing on the issue of compensation.
Background of the housing dispute
Shridhar, represented by advocate Shailendra Pendse, had approached the Co-operative Court seeking allotment of a 950 sq ft flat, claiming priority based on the society’s seniority list. The Co-operative Court ruled in his favour and held that he was entitled to the flat. However, since no such flat was available, it awarded him Rs 1.59 crore as compensation.
The society, represented by advocates Kishor Patil and Pratik Rahade, challenged this order before the Co-operative Appellate Court. While the appellate court upheld the finding that Shridhar had a “legitimate claim” to the flat, it set aside the compensation, stating that the Co-operative Court did not have the power to grant such monetary relief under the Maharashtra Co-operative Societies Act.
Court disagrees with appellate ruling
Justice Borkar disagreed with this reasoning. He noted that both lower courts had concurrently accepted the petitioner’s entitlement to the flat, and the only issue that remained was the manner of granting relief. “A right without remedy becomes lifeless,” the court observed, adding that denying compensation would result in “manifest injustice”.
Relying on an earlier judgment in a similar dispute, Justice Borkar said that when actual allotment becomes impossible, courts are empowered to “mould relief” and grant alternative remedies such as compensation.
Fresh hearing on compensation
However, the HC also accepted the society’s contention that the compensation had been determined without giving it adequate opportunity to contest valuation evidence. On this limited aspect, the appellate court’s concern was found to be valid.
Setting aside the appellate order dated January 27, 2023, the HC restored the dispute to the Co-operative Court for a limited purpose. It directed that the fresh hearing will be confined only to determining the quantum of compensation or any other appropriate relief.
“The remand shall stand confined only to determination of the quantum of compensation,” the court clarified, adding that the finding on entitlement to the flat will not be reopened.
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The Co-operative Court has been directed to decide the matter within six months after allowing both parties to lead evidence.
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